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CC 2024-06-11_09h Beer and Wine Sale 2024 Summer Concert Series MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Planning Manager SUBJECT: Temporary Use Permit 24-004; Authorization for Sale of Beer and Wine at the 2024 Summer Concert Series, an Application Fee Waiver; Location Heritage Square Park; Applicant Arroyo Grande Rotary DATE: June 11, 2024 RECOMMENDATION: 1) Adopt a Resolution approving Temporary Use Permit No. 24-004 to allow the sale of beer and wine at the 2024 Heritage Square Park Summer Concert Series and approving a waiver of fees; and 2) Find the action exempt from the California Environmental Quality Act pursuant to Section 15304 of the CEQA Guidelines. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: The applicant, Arroyo Grande Rotary Club (AGRC), is requesting a waiver of application fees for the Temporary Use Permit, which totals $405.30. Due to the annual nature of the request, the staff time required to review the proposal and prepare the staff report is minimal compared to a one-time event; therefore, it is recommended that the fee waiver request be approved. Ten percent (10%) of gross revenue from beer and wine sales will be remitted to the Recreation Services Department. BACKGROUND: The Summer Concert Series are annual concert events in which visitors bring their own lawn chairs and blankets to congregate on the Nelson Green at Heritage Square Park, while musical performances are conducted on the Rotary Bandstand. The Summer Concert Series is a City program, which is being organized by the Recreation Services Department for a fourth year, rather than being organized by a local sponsor. While the concerts are organized by the City, the AGRC has submitted an application for a Temporary Use Permit to allow for the sale and consumption of beer and wine at the 2024 The request for alcohol sales necessitates the approval of a Temporary Use Permit by the City Council. Council approved permits for beer and wine at five previous Summer Concerts Series and no Item 9.h. City Council Temporary Use Permit 24-004; Authorization for Sale of Beer and Wine at the 2024 Summer Concert Series, an Application Fee Waiver; Location Heritage Square Park; Applicant Arroyo Grande Rotary June 11, 2024 Page 2 issues associated with the alcohol sales were reported to the Police or Community Development Departments. The AGRC is requesting that the City Council allow the sale of beer and wine for a sixth year at the Event as an additional amenity for Event patrons. The benefits identified by the applicant include increased revenue from alcohol sales beyond those realized through the sale of hot dogs, non-alcoholic drinks, and ice cream at the Event, as well as the establishment of additional promotional opportunities with new partners. The City may approve a temporary use permit for the sale of beer and wine at the event by operation of AGMC § 16.16.090. The City may authorize a fee waiver through the authority found in City Council Resolution 3760, adopted and approved July 13, 2004. Staff Advisory Committee Committee (SAC) held a debrief meeting during and at the conclusion of the Event to evaluate its success. No issues with public intoxication or public health, safety, or welfare were noted and the Event was considered a success. June 6, 2024. The SAC was in support of the project with the same conditions of approval included for the 2023 Event to ensure a safe and successful experience. ANALYSIS OF ISSUES: The Summer Concert Series begins July 4, 2024, and continues each Sunday through the summer, concluding on September 22, 2024, for a total of thirteen (13) events. Beer and wine sales would occur during each of the concerts, which are scheduled to occur from 1:00 PM 3:00 PM, except for the concerts on July 4, which are scheduled from 11:00 AM to 4:00 PM. Sales and identification checks would be conducted by AGRC volunteers in accordance with the conditions of the one-day license issued by the California Department of Alcoholic Beverage Control (ABC) for each occurrence of the event. Similar to , the applicant is proposing to not fence off the Nelson Green, opting to use the entire lawn area for alcohol consumption during the Event. Fencing The need for fencing was discussed during processing of permits for Events held in previous years and it was determined that safety and public welfare will be met without fencing around the Heritage Square Park lawn area to contain the consumption of alcohol. In accordance with requirements of the ABC, the public sidewalks surrounding the lawn area act as the boundary for alcohol consumption and therefore fencing is not required. This boundary will be enforced with appropriate signage and trained personnel provided by AGRC serving as security. Recreation Services staff will be on site during the events Item 9.h. City Council Temporary Use Permit 24-004; Authorization for Sale of Beer and Wine at the 2024 Summer Concert Series, an Application Fee Waiver; Location Heritage Square Park; Applicant Arroyo Grande Rotary June 11, 2024 Page 3 and will ensure the signage is posted and to help address any monitoring issues that arise. Attendee Identification The Event does not require the sale of entrance tickets like other events where alcohol is consumed. Therefore, the screening process to ensure lawful consumption is necessary. This will be closely monitored by AGRC volunteers to ensure only persons of legal drinking age will be able to buy and consume beer and wine. The AGRC will provide volunteers that have completed the Responsible Beverage Service Training Program from the ABC to prevent service of alcohol to underage or intoxicated individuals and monitor for proper identification. Trash and Recycling If authorized for the sale of beer and wine, the potential for increased trash and recyclable material increases. Therefore, the applicant will be required to add at least 5 more temporary/cardboard trash and recycling receptacles, with a trash liner, and place them at appropriate locations around the park. At the end of each event, the bags of material will be placed near the sidewalk so that City Public Works staff can more easily load them onto a truck for disposal and recycling. Fee Waiver The applicant has requested the application fees associated with the Temporary Use Permit application be waived. If approved, this waiver would result in the loss of $405.30 in revenue. Revenue from application fees is used to offset the costs of processing the application. City Council approved fee waiver requests in 2019, and 2021-2023. Although the time necessary to process the application the first year was higher, subsequent years have resulted in less impact to personnel resources due to increased familiarity with the event. The Community Development Director has the authority to waive the fees for TUPs that do not require City Council approval when an event is operated solely by volunteers and one hundred percent of net revenues are donated to a charitable cause. The Event will be staffed by AGRC volunteers and as a 501(c)3 organization, all proceeds will go towards philanthropic endeavors in the community. The Event also provides additional exposure of the City and its amenities to the public. It also brings attendees to the Village, which can have a direct economic benefit to businesses in the area, and the City through increased sales, and therefore, increased sales tax revenue. While this exposure cannot be directly quantified, it remains beneficial. Lastly, the City Council has previously established through adoption of Resolution No. 3760 (Attachment 2) the blanket waiver of application fees for similar annual events. Although this event is not identified on this list, the evolving annual nature of the event may be deemed consistent with the intent of the policy. The City Council has elected to waive the fees for this application for the previous four occurrences of the event. Item 9.h. City Council Temporary Use Permit 24-004; Authorization for Sale of Beer and Wine at the 2024 Summer Concert Series, an Application Fee Waiver; Location Heritage Square Park; Applicant Arroyo Grande Rotary June 11, 2024 Page 4 ALTERNATIVES: 1. Adopt the Resolution approving Temporary Use Permit 24-004, including an authorization to waive the application fee; 2. Modify and adopt the Resolution approving Temporary Use Permit 24-004, but do not authorize waiver of the application fee; 3. Modify as appropriate and adopt the Resolution, approving Temporary Use Permit 24-004; 4. Do not adopt the Resolution; or 5. Provide other direction to staff. ADVANTAGES: The Summer Concert Series is a well-attended event that holds a special place in the heart of many in the community. Beer and wine sales at the Event will generate revenue for the AGRC and the Recreation Services Department to continue their valuable contributions to the community. Additionally, the sale of beer and wine at the Event would provide attendees an additional beverage option during their time at the concerts. DISADVANTAGES: None identified due to the success of previous Events when beer and wine was sold. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), it has been determined that this project is Categorically Exempt per Section 15304(e) of the CEQA Guidelines regarding minor temporary uses of land. Specifically, a Class 4 exemption, applies to minor public or private alterations in the condition of land, water, and/or vegetation where the project does not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (State CEQA Guidelines, § 15304.) Further, none of the exceptions to the Class 4 exemptions set forth in State CEQA Guidelines section 15300.2 apply. PUBLIC NOTIFICATION AND COMMENTS: Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Resolution 2. City Council Resolution 3760 Item 9.h. ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 24-004 TO ALLOW THE SALE OF BEER AND WINE AT THE 2024 HERITAGE SQUARE PARK SUMMER CONCERT SERIES AND APPROVING A WAIVER OF FEES; APPLIED FOR BY THE ARROYO GRANDE ROTARY CLUB WHEREAS, the 2024 Heritage Square Park Summer Concert Series a City program organized by the Recreation Services Department; and WHEREAS, the Arroyo Grande Rotary Club (AGRC) have requested permission for the sale of beer and wine at the Event; and WHEREAS, beer and wine sales organized by the AGRC during the 2018, 2019, 2021-2023 Events were successfully implemented; and WHEREAS, the AGRC submitted a request to waive the $405.30 application fee; and WHEREAS, the purpose of the Temporary Use Permit is to ensure the Event is conducted in a manner that is compatible with the surrounding area; and WHEREAS, members of the AGRC will be responsible for monitoring identification and consumption of alcoholic beverages during the Event; and WHEREAS, it has been determined that this project is Categorically Exempt per Section 15304(e) of the CEQA Guidelines regarding minor temporary uses of land. Specifically, a Class 4 exemption, applies to minor public or private alterations in the condition of land, water, and/or vegetation where the project does not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. (State CEQA Guidelines, § 15304.) Further, none of the exceptions to the Class 4 exemptions set forth in State CEQA Guidelines section 15300.2 apply; and WHEREAS, the City Council finds, after due study and deliberation, the following circumstances exist: NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. Recitals. All recitals above are true, correct, and incorporated herein by reference. Section 2. Findings. The City Council finds, in accordance with the requirements of Arroyo Grande Municipal Code section 16.16.090(E), after due study and RESOLUTION NO. PAGE 2 deliberation, the following circumstances exist: Temporary Use Permit Findings: 1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. The operation of the requested use at the location proposed and within the time periods specified will not jeopardize, endanger or constitute a menace because the AGRC will have trained personnel monitoring individuals purchasing and consuming alcohol to prevent disruptions to the public health, safety, or general welfare. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. The proposed site is adequate in size and shape to accommodate the temporary use without detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site due to the Event being monitored by AGRC personnel. 3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate. The proposed site is adequately served by South Mason and Nelson Streets, which are of significant width and improvements to accommodate the kind and quantity of traffic that the temporary use will generate. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on- site or at alternate locations acceptable to the City Council. Adequate temporary parking to accommodate vehicular traffic to be generated is available because Heritage Park is located in a commercial district that has ample public parking for visitors. Section 3. Temporary Permit Approval. The City Council of the City of Arroyo Grande hereby approves Temporary Use Permit 24-004, authorizing the sale of beer and wine at the 2024 Heritage Square Park Summer Concert Series as presented to the City Council on June 11, 2024, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. PAGE 3 Section 4. Fee Waiver Approval. Based on the authority found in Resolution No. 3760, adopted July 13, 2004, the City Council of the City of Arroyo Grande hereby approves the fee waiver request for the Temporary Use Permit application processing fee. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: th The foregoing Resolution was passed and adopted this 11 day of June 2024. RESOLUTION NO. PAGE 4 _________________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ________________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ________________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ________________________________________ ISAAC ROSEN, CITY ATTORNEY RESOLUTION NO. PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TEMPORARY USE PERMIT NO. 24-004 This approval authorizes the sale of beer and wine from 11:00 AM 4:00 PM on July 4, 2024, and from 1:00 3:00 PM for the remainder of the 2024 Heritage Square Park Summer Concert Series. General Conditions 1. The Arroyo Grande Rotary Club (AGRC) shall ascertain and comply with all State, County and City requirements as are applicable to this project, specifically all Department of Alcoholic Beverage Control requirements. 2. The event shall occur in substantial conformance with the application and plans on file in the Community Development Department office. 3. The AGRC shall comply with all the conditions of the City Council Resolution adopted on June 11, 2024, approving temporary use permit no. 24-004. 4. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of any obligation under this condition. 5. The AGRC shall monitor alcohol sales to ensure alcoholic beverages are served to responsibly behaving persons over the age of twenty-one (21). Volunteers shall be trained to check identification of all persons buying alcohol for verification that the purchaser is over the age of twenty-one (21). 6. Consumption of alcoholic beverages shall be limited to the Heritage Square Park lawn area, and AGRC shall monitor the lawn area to ensure no alcohol consumption occurs beyond the bounds. The playground area shall be excluded from the consumption area. Appropriate signage provided by the AGRC shall be posted outlining these rules and restrictions. 7. Requests to continue alcoholic beverage sales in future years shall be made through the Temporary Use Permit process. 8. The AGRC shall utilize an easily identifiable (i.e. colored or similar) glass for the sale of alcohol to help ensure attendees are not bringing their own alcoholic beverages. 9. The Staff Advisory Committee shall conduct a debriefing following the conclusion of the first few events to evaluate the success of the event. RESOLUTION NO. PAGE 6 10. AGRC shall remit ten percent (10%) of gross revenue from beer and wine sales to the Recreation Services Department. AGRC shall remit the payment to the Recreation Services Department by December 31, 2024. Public Works Department Conditions 11. The AGRC is responsible for providing trash bags, temporary cardboard trash receptacles, and enough restroom facilities to serve the event. Any supplies the Public Works Department may need to provide must be reimbursed by the AGRC. At the end of the event, AGRC shall place all trash bags near the sidewalk for City Public Walk disposal and recycling. 12. The AGRC shall have an individual designated to periodically inspect the restrooms and areas around food vendors and waste containers. That individual shall be responsible for maintaining the cleanliness of these areas and gathering and disposing of all debris. 13. The AGRC shall reimburse the City for electrical costs associated with the event. 14. The AGRC shall reimburse the City for the costs of any Public Works staff services required for this event, including, but not limited to, restroom maintenance, trash, etc. 15. The AGRC shall remove any tape placed on streets, parking areas, and grass after the event. 16. The ARGC shall flag all sprinkler heads on turf and lawn areas to prevent damage. The AGRC shall reimburse the City for any damage to the irrigation system at the park. 17. The AGRC shall abide by all terms and conditions of the Park Use Permit issued by the Recreation Services Department. Engineering Division Conditions 18. Restroom facilities, barricades, and signing shall be provided by the AGRC as required. 19. The AGRC shall provide a $1,000,000 comprehensive general liability insurance policy naming the City as additional insured by June 30, 2024. 20. The AGRC shall reimburse the City for the costs of Engineering Division services and any other City services required for this event. Building and Life Safety Division Conditions 21. All food booths must comply with the Fire Department guidelines and must have County Health Department approval. The AGRC will inform booth applicants of Fire Department guidelines and will ensure total compliance of booth operators. The AGRC will not allow non-compliant booths to operate. 22. The project shall comply with the most recent edition of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. Specifically, all temporary-wiring provisions of the N.E.C. must be met. 23. Emergency access must be maintained to the satisfaction of the Building Official and Fire Chief. A detailed chart or map will be provided to Building and RESOLUTION NO. PAGE 7 Life Safety Division and Fire Department for approval prior to the event, showing placement of all booths, to include actual dimensions of access pathways for fire apparatus and emergency vehicles. 24. The use of generators must be reviewed and approved by the Building Official. 25. The AGRC shall identify an individual to act as liaison with the Fire Department for the purpose of maintaining life and safety. Police Department Conditions 26. All temporary "No Parking" signs shall be posted a minimum of 48 hours prior to event setup.